What is the first step to take after marrying an non U.S. citizen to abtain residence status for that person?

Question

And are there any steps that need to be taken before hand?

Answer 1

i would go to the website and research your question. i was under the impression you still had to apply even after marrying a citizen. see website with more info

Answer 2

The best and easiest way to go about it if you are a US citizen, is to apply for a fiance visa.  After it is approved, the fiance can enter the US and you have 90 days to marry and apply for the spousal visa.  Your fiance will probably be allowed to stay while this visa is processed.

If you marry first, the fiance has to wait in his/her own country while the spousal visa is processed.  It can take 2 years or more, depending on circumstances, country of fiance's citizenship, etc.

Remember you have to prove where & how you met, how long you have been together & where, and prove it is a valid marriage.  You also have to prove you have sufficient income & assets to support your fiance and guarantee a $30,000 bond.

If you are not a US citizen but only a legal permanent resident, no fiance visa, and no priority for a spouse.  Your spouse must remain in her own country until approved, and that can take 5 yrs or more, depending on her country of citizenship.

If she is or ever has been an immigration-law violator, illegal alien, visa overstayer, etc., you should plan on moving to her country.  She cannot remain here - she has to depart or be deported and barred from re-entry.

Answer 3

How about you move to their country.

Answer 4

Go to www.uscis.gov

This is the US Government website for immigration.

The fastest way to get your new spouse to the US is a K-3 visa using visa application form I-129F (3 pages)and 2 Forms G-325A (4 pages each) for a background check for you and your new spouse.

I have done this recently without an attorney and everything went fine.

Read carefully

Stay focused

Give them ALL of the supporting documents that they ask for

Make 2 copies (one copy for you and 1 copy for your spouse) of EVERYTHING before you mail your application away.

Be patient!!!

Your homework assignment:

I-129F

G-325A (x2)

Supporting doccuments:

(Do not send originals)

Copy of your and your spouses birth certificates (front and back, even if the back is blank)

6 or more snap shot pictures of you and her together (spread out over as long of a period of time as possible, with her family in some of the photos if possible).

Copies of your plane tickets or bording passes.

Copy of EVERY PAGE of your passport.

Copy every page of her passport (if she has one)

Copies of any correspondance (over a long period of time if possible, 10 or more emails, letters, cards, etc...)

Copies of any reciepts you may have generated on your visits with her.

Any joint banking information or money transfer (you to her western union, money gram etc...) reciepts

2 each, passport style photos for you and your spouse, with name and date of photo printed in fine felt marker on the back

Divorce / Death certificates proving any previous marriages were legally terminated for each of you.

Good Luck!

p.s. What country is your spouse immigrating from?

EDIT

The I-129F is the application for fiancee visa. It is also allowed to be used as an application for a K-3 spouse visa, to get your wife into the US more quickly.

It is a non-immigrant visa but does get her to the states with you the fastest. When she gets to the US you will then apply for an immigrant status visa for her. You will see all of this on the website. Don't let all of these other answers confuse you my wife completed her embassy interview 2 weeks ago so

I DO KNOW WHAT I AM TALKING ABOUT

"Just in love" has given you the short rundown on getting your spouce US Citizenship, which comes WAY AFTER you get your wife to the states. Ignore this advice. This is what you will be doing 5 years from now.

"IBU Guru" is assuming you are not married. You are asking what is the first step AFTER you are married, so doing a "Fiancee Visa" is a moot point, and the visa application will be rejected because she is your wife not your fiancee. (Fiancee is a K-1 visa and Spousal visa is a K-3 visa)

"IBU Guru" is also obviously ignorant of the K-3 Spousal Visa which takes the same amount of time as the K-1 Fiancee Visa.

Trust me on this one... I have just been through this process

Is anyone else here telling you SPECIFICALLY the forms you need and the documents and evidence that will be required in your application package?

Everyone else is speaking in generalities, and they are giving you bad or incomplete information.

p.s. Renni: the instructions for the I-129F Visa application tell the applicant to:

SUBMIT EVIDENCE THAT YOU HAVE MET IN PERSON IN THE PAST 2 YEARS AND EVIDENCE OF AN ONGOING RELATIONSHIP.

This is what the pictures, personal correspondance etc. is for and that is exactly what I did. Every step of her immigration was approved the first time.

I am not going to tell this person anything that is not in the application instructions.

Answer 5

If you apply for the fiance visa, (which is the same as the husband), then you wait until its issued and she stays where she is until that time.  Then she comes here on a K visa.  

If she comes to visit on a tourist visa and she stays beyond the 180 day mark, you apply for AOS. I recommend applying for AOS the day she arrives in the US.

My husband and I tried to do the K visa initially, but it took over a year before anything seemed to be`happening, and he had to go back every 3 months which turned out to be a complete pain.  So, he overstayed the visa and we applied for the AOS and his green card was approved today. We applied in December of 07 for the AOS and basically just threw our money away on the K visa.  But, some people have had good luck with the K visa program, we just aren´t those people.

P.S. We only submitted documents requested on the forms which did NOT include photos, emails, personal stuff.  We took every single item requested to the interview and she only asked for my paystubs and letter from my employer because I had changed jobs.

Answer 6

Question: What Are the General Naturalization Requirements?

Naturalization is the process a foreign citizen goes through to become a citizen of the United States. Certain requirements must be fulfilled in order to gain U.S. citizenship.

It is important to note that immigration is a highly individualized process, and approvals are granted on a case-by-case basis. You may have a special case that does not follow the general naturalization requirements, but may be considered with special exceptions or waivers. A good immigration attorney can be a great resource if you have a special case.

Answer:

Age

You must be 18 years of age. Applicants less than 18 years old must follow procedures outlined for Naturalized Citizen's children.

Residency

You must be a permanent resident (obtained your green card) to be approved for citizenship.

Physical Presence

You must have 5 years as a lawful permanent resident in the U.S. prior to filing, with no single absence from the United States of more than 1 year. You must have been physically present in the United States for at least 30 months out of the previous five years. If you've been away for more than 6 months but less than a year, you'll need to prove that you did not intend to abandon your U.S. residence during that period.

Good Moral Character

You must show that you have been a person of good moral character. This includes your time within the U.S. as well as prior to coming here. However, if you've been granted permanent residence status, you can be reasonably certain that you've already proved good moral character for the period prior to coming to the U.S.

You must disclose all relevant facts including your criminal history, even if the crime is not the type that would count against your good moral character.

Attachment to the Constitution

You must show that you are "attached" or agree with and follow the principles of the U.S. Constitution.

English Language

You must be able to show that you can proficiently read, write and speak the English language.

U.S. Government and History Knowledge

You must pass the Naturalization exam, which tests your knowledge and understanding of the principles and government of the U.S.

Oath of Allegiance

The final step in becoming a U.S. citizen is taking the Oath of Allegiance.